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Thanks! The “inappropriately burdening” cases is what I was thinking of. I suppose I would disagree that the theory is inapplicable. The law burdens isps by

• gamblor956 6y ago
  That's now how the dormant commerce clause works. It doesn't matter that a state law may affect a business' ordinary business practices in a way that affects interstate commerce. What matters is that the state law does so in a way that discriminates against interstate commerce (meaning that different rules are applied to out-of-state businesses than to in-state businesses). Thus, if the law applies equally without regard to whether the transaction is intrastate or interstate, the dormant commerce clause is not implicated. In this case, the CA net neutrality rules apply to all ISPs providing services in CA. It does not require them to apply net neutrality rules to non-CA customers. Therefore, the dormant commerce clause does not apply.